( 1. ) BOTH these appeals are arising out of impugned judgment, therefore, decided by this common judgment. The appellants have preferred this appeal against the impugned judgment dated 22-2-2005 passed in Special Case No. 29/2001 by learned Special Judge, (NDPS Act), Nee much, whereby convicted the appellants for the offence punishable under Section 8/15 (c) or 8/29/15

(c) of the Narcotic Drugs and psychotropic Substance Act, 1985 (for short the Act), sentenced to R1 for ten years and fine of Rs. 1,00,000/- to each appellant, in default of payment of fine additional RI for four years.

( 2. ) BRIEFLY stated the prosecution case as unfolded before the Trial court is that on 14-7-00, Head Constable Shri Shiv Shankar of Police Station, singoli was going to enquire the report of Merg (death) to Village Palasiya via village Jhatla. In Village Jhatla in the locality of Sutars on the main road Truck no. M. P. 14-G/5351 was standing and Hummal were loading Poppy Husk in it. On enquiry by Head Constable, driver disclosed his name Shakil so Ajij qureshi. Driver also disclosed about having permit of contractor Bisan Singh. The appellant Badrilal the then Lambardar (Mukhiya) was loading